B.C. to settle class action over birth alerts that separated newborns from mothers – Image for illustrative purposes only (Image credits: Pixabay)
British Columbia has reached a proposed $66 million settlement in a class-action lawsuit over birth alerts, a now-discontinued practice in which child welfare authorities flagged pregnant individuals to medical staff, often resulting in newborns being taken into care within hours of delivery. The agreement marks the first time any Canadian province has moved to resolve such litigation. It comes years after the province formally ended the alerts in 2019, following years of criticism that the system disproportionately harmed Indigenous families.
Disproportionate Impact on Indigenous Mothers
In the final 20 months before the practice stopped, 58 per cent of the people subject to birth alerts in B.C. were Indigenous, even though Indigenous residents make up only about 5.7 per cent of the province’s population. The numbers underscore long-standing concerns that the alerts reinforced systemic biases within child welfare systems. Plaintiffs argue the alerts violated Charter rights to equality and security of the person by targeting families without sufficient evidence of risk. The settlement does not include any admission of wrongdoing by the province. Instead, it provides compensation to an estimated group of more than 2,800 people identified from government records as having been affected. A senior official will also issue a public statement recognizing the harm caused, and the province will organize roundtable discussions with class members to hear their experiences directly.
Key Terms of the Agreement
Under the proposed deal, eligible class members would receive payments scaled according to the circumstances of their cases. The total value stands at $66 million, though the exact number of claimants remains uncertain because some individuals may not yet have been identified. The province has already compiled a list of 2,842 potential class members from its internal records. The agreement also includes non-monetary measures aimed at acknowledgment and future prevention. Government spokespeople described the resolution as the most responsible way to close the chapter without prolonged court proceedings. Plaintiffs’ counsel Michelle Segal called the outcome significant not only for the compensation but also for its role in broader advocacy around child welfare reform across Canada.
Similar Lawsuits in Other Provinces
Separate class actions remain active in Ontario, Quebec, Manitoba and Saskatchewan. In Ontario, certification disputes continue between plaintiffs and children’s aid societies. Manitoba has asked the court to dismiss its case on timing grounds, while Saskatchewan has challenged the admissibility of key reports on missing and murdered Indigenous women and girls. Lawyer Tina Yang, who represents plaintiffs in three of those provinces, said she hopes others will follow B.C.’s example and address the claims on their merits. Spokespeople for Manitoba and Saskatchewan declined comment, citing ongoing litigation.
A Plaintiff’s Perspective
Representative plaintiff Adrianna Zeleniski, who experienced a birth alert 13 years ago, welcomed the settlement. She recalled a security guard posted outside her hospital room during labour and said the resolution finally allows class members to speak openly about what happened. Zeleniski plans to mark the outcome quietly near her home in Armstrong. The settlement closes one chapter in B.C. while leaving open questions about how other provinces will respond to parallel claims. For families still seeking accountability, the agreement offers both financial relief and a formal recognition that the alerts caused lasting harm.